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M-10/28/2003 CITY OF SANTA MONICA CITY COUNCIL MINUTES OCTOBER 28, 2003 A regular meeting of the Santa Monica City Council was called to order by Mayor Bloom at 5:53 p.m., on Tuesday, October 28, 2003, at City Council Chambers, 1685 Main Street. Roll Call: Present: Mayor Richard Bloom Mayor Pro Tern Kevin McKeown Councilmember Michael Feinstein Councilmember Ken Genser Councilmember Robert T. Holbrook (arrived at 7:02 p.rn.) Councilmember Pam O'Connor (arrived at 6:05 p.rn.) Absent: Councilmember Herb Katz Also Present: City Manager Susan McCarthy City Attorney Marsha Jones Moutrie Acting City Clerk Melodi A. Pearson CONVENE/PLEDGE On order of the Mayor, the City Council convened at 5:53 p.rn., with Councilmembers Holbrook, O'Connor and Katz absent. Acting City Clerk Melodi Pearson, led the assemblage in the Pledge of Allegiance, CONSENT CALENDAR: Allitems were considered and approved in one motion unless removed by a Councilmember for discussion. Member of the public Joey Fullmer discussed the Transit Plan. James Blakely requested that Councilmembers review the letter he submitted regarding re-evaluating Item I-A, the purchase of dump trucks. At the request ofCouncilmember Feinstein, Item I-A was removed from the Consent Calendar. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser, to approve all items on the Consent Calendar as presented except Item I-A, reading resolutions and ordinances by title only and waiving further reading thereof. The motion was approved by the following vote: October 28, 2003 VIDEO CAMERAS CNG FACILITY AT CITY YARDS SHORT RANGE TRANSIT PLAN DUMP TRUCKS CLOSED SESSIONS: Councilmember 0 'Connor arrived at 6:05 p.m. AYES: Councilmembers Genser, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmembers O'Connor, Holbrook, Katz NOES: ABSENT: I-B: Purchase of video cameras - recommendation to award Bid No. 2862 to Ikegami Electronics, in the amount of$242,511.74, for four replacement video cameras and related accessories for Cable TV, was approved. l-C: Compressed Natural Gas Facility at City Yards- recommendation to authorize the City Manager to negotiate and execute Contract No. 8288 (CCS) with Weaver Electric, Inc., in the amount of $132,000, for construction upgrades tothe CNG Facility at the City Yards, was approved. I-D: Short Range Transit Plan and Grant Fund application- recommendation to authorize the City Manager to file the Short Range Transit Plan for Fiscal Year 2004-2006 with the Los Angeles Metropolitan Transportation Authority, and to file applications for available funds, was approved. I-A: Purchase of Dump Trucks - recommendation to award Bid No. 2858 to Boerner Truck Center, in the amount of$328,350AO, to purchase two CNG powered dump trucks for the Water Division, was presented. Councilmember Feinstein stated that he removed this item so staff can comment on statements made at public comment regarding the bid award. After a short discussion, this item was withdrawn at the request of staff. On order of the Mayor, the City Council recessed at 6:00 p.m., to hear closed sessions and returned at 7:00 p.m., with Councilmembers Katz and Holbrook absent, to report the following: 2-A: Conference with Legal Counsel- Existing Litigation: City of Santa Monica v. Shell Oil Co., Case No. 01CC4331. ACTION: Heard No reportable action taken. 2 October 28.2003 2-B: Conference with Legal Counsel - Existing Litigation: Santa Monica Housing Council v. City of Santa Monica, Case No. SC 074 683. AC 'ION Not heard 2-C: Conference with Legal Counsel - Existing Litigation: 2000 Main Street v. City of Santa Monica, Case No. SC 067 899. ACTION: Not heard. 2-D: Conference with Legal Counsel - Existing Litigation: Action Apartment Association v. City of Santa Monica, Case No. BC 271062. ACTION: Not heard. 2-E: Conference with Legal Counsel- Existing Litigation: Freddie Moore v. City of Santa Monica, Case No. BC 290 478. ACTION: Heard. No reportable action taken. 2-F: Conference with Legal Counsel - Existing Litigation: Russell Barnard v. City of Santa Monica, Case No. BC 281367. ACTION: Heard. No reportable action taken. 2-G: Conference with Legal Counsel- Anticipated Litigation: Number of cases: Five. ACTION: heard. One case heard, no reportable action taken. Four cases not ORDINANCES: 7-A: Second reading and adoption of an interim Ordinance No. 2098 (CCS) entitled: "AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE REQUIREMENT THAT NEW OR EXPANDED USES ON THE THIRD STREET PROMENADE HAVE A PROMENADE FRONTAGE THAT DOES NOT EXCEED FIFTY LINEAR FEET UNLESS A USE PERMIT IS OBTAINED AND REQUIRING ANY REMAINING PROMENADE FRONT AGE WITHIN THE BUILDING OR SITE TO PROVIDE A MINIMUM DEPTH OF FIFTY FEET", was presented. Councilmember Holbrook arrived at 7:02 p.m. 3 October 28. 2003 MOTORIZED MODEL VEHICLES STAFF ADMIN. ITEMS: SPECIAL JOINT MEETING YEAR-END BUDGET REVIEW Motion by Councilmember Feinstein. seconded by Councilmember O'Connor, to adopt ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Feinstein, Genser, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloorn. None Councilmember Katz NOES: ABSENT: 7-B: Second reading and adoption of Ordinance No. 2099 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.08.190 TO PROHIBIT THE OPERATION OF MOTORIZED MODEL VEHICLES IN BEACH PARKING LOTS," was presented. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Feinstein. to adopt ordinance, reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES: Councilmembers Feinstein, Genser, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom. None Councilmember Katz NOES: ABSENT: SPECIAL JOINT MEETING OF THE CITY COUNCIL. REDEVELOPMENT AGENCY. AND PARKING AUTHORITY: On order of the Mayor, the regular City Council meeting was recessed and a joint meeting with the Redevelopment Agency and Parking Authority convened at 7:03 p.m., with Councilmember Katz absent. 8-A: Year-End Budget Review - recommendation to approve budget changes for FY 2002-03 and FY 2003-04, and adoption of Resolution No. 9903 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING NEW CLASSIFICATIONS AND ADOPTING SALARY RATES FOR BUILDING SERVICES ENGINEER, EXECUTIVE ADMINISTRATIVE ASSISTANT - FINANCE, HUMAN SERVICES ADMINISTRATOR, HUMAN SERVICES ADMINISTRATOR - YOUTH AND FAMILY DEVELOPMENT, 4 October 28, 2003 ADJOURNMENT OF SPECIAL MEETING SUSTAINABLE CITY ADVISORY BODY SUPPORT SERVICES ASS~ST ANT," was presented Member of the public Joey Fullmer addressed various concerns. Motion by Councilmember Feinstein. seconded by Councilmember O'Connor. to approve budget changes. The motion was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, Genser, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Katz NOES: ABSENT: Motioned by Mayor Pro Tern McKeown. Seconded by Councilmember Holbrook, to adopt Resolution No. 9903 (CCS), reading by title only and waiving further reading thereof. The motion was approved by the following vote: AYES. Councilmembers Feinstein, Genser, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Katz NOES: ABSENT: On order of the Mayor, the Special Joint Meeting was adjourned and the regular City Council meeting reconvened at 7:15 p.m., with Councilmember Katz absent. 8-B: Proposed Sustainable City Advisory Body - recommendation that Council determine whether to establish, and if so, select the most appropriate form of Sustainable City advisory body to the City Council, was presented. Members ofthe public Jerry Rubin, Sandy Grant and Mark Gold spoke in support ofthe Advisory Body. Motion by Mayor Pro Tern McKeown. seconded by Councilmember Genser, to create a Sustainable City Task Force with members to be chosen by Council for their expertise,. and who mayor may not be current Board or Commission members. Motion to amend by Councilmember Genser to add that the term of the Task Force be five years with the goal of ending in 2008, that City Council receive annual progress reports, and that staffs recommendations 5 October 28, 2003 DOWNTOWN DESIGN one of the staff report "To advise Council and staff during development and adoption of an implementation plan for the SCPo The target date for adoption is March, 2005" and two, " Based on the adopted implementation plan, to assist Council and staff with an initial informational campaign. Presentations to City Boards and Commissions~ other public institutions in the community, and business resident organizations would occur from April, 2005 through December 2005," be used as the general outline. The motion was accepted as friendly. Motion to amend by Councilmember Feinstein to include suggested changes numbers three and five on page four of the staff report. After some discussion it was determined to include only number five: "To interact with other City Boards and Commissions and with organizations and institutions in the community to bring SCP-related matters to their attention in a timely manner," modified so that the process is a natural one monitored by staff. The motion was accepted as friendly. Motion to amend by Councilmember Genser to have City Council appoint eleven members with expertise in Planning, Housing, Recreation and Parks, Social Services, Environment, Education, Health Care, and with fair representation from the fields of business, labor and neighborhood to the Task Force. The motion was accepted as friendly. The motion as amended, was approved by the following vote: AYES: Councilmembers O'Connor, Holbrook, Genser, Feinstein, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Katz NOES: ABSENT 8-C: Downtown Design Guidelines - recommendation to conduct a discussion regarding the Downtown Design Guidelines, consider input from public, Architectural Review Board and Planning Commission, and provide direction to staff regarding the preliminary concepts, was presented. Members of the public Joey Fullmer and Jason Parry spoke in support of affordable housing. Tom Cleys, Susan Love-Laughmiller, Nina Fresco, Sandie Richards, Victor Fresco, Bea Nemlaha, Joel Braud, Sherrill Kushner, and Arthur Harris spoke in support of historical preservation. Jerry Rubin, Judy Avery, Craig D. Jones, and Doris Sosin spoke on parking issues. Ralph Mechur spoke on the vision for 6th and "fI' Street and Ellen Brennan spoke in opposition to narrowing 7th Street. 6 October 28. 2003 RECESS: PUBLIC HEARINGS: Councilmember Holbrook was excused at 11 :20 p.m. WRITTEN COMMUNICATIONS: .Motion by Mayor Bloom. seconded by Councilmember Feinstein, to direct staff to move forward with the concepts that are contained in the Downtown Design Guidelines, taking into consideration all the comments favorable and unfavorable, but not given any particular weight as if there had been some kind of Council vote. The motion was approved by the following vote: AYES Councilmembers Feinstein, Genser, Holbrook, O'Connor, Mayor Pro Tern McKeown, Mayor Bloom None Councilmember Katz NOES: ABSENT: On order ofthe Mayor, the City Council recessed at 10:35 p.m., and reconvened at 10:50 p.m., with Councilmember Katz absent. 9-A: Annual Homeless Senrices Report Public Hearing - recommendation to hold a public hearing on the Annual Coordinated Plan for Homeless Services and to accept the Homeless Services Report, was presented. The following members ofthe public spoke in support of homeless services: Kathy Douglas, Randy Walburger, Jerry Rubin, Charles Springer, Nicholas Vrataric, Art Casillas, Ana G. Jara, Brian Andrus, Rykk Mesure, Munush, Debby Maddis and Susan Fraser. The following members of the public spoke on some ofthe negative impacts homeless have on some city businesses: Dr. Mike G. Guning, Kathy Dobson, and Sean Waldron. Motion by Mayor Bloom. seconded by Councilmember Feinstein. to accept the Homeless Services Report. Motion amended by Mayor Bloom to ask staff to address public awareness of social services resources that solve homeless problems in their work programs. The motion, as amended was approved by voice vote with Councilmembers Holbrook and Katz absent. 12-A: Request of Susan Glass to address Council regarding complaints concerning hedge heights and non-compliance with City 7 October 28. 2003 Councilmember Feinstein was excused at 12:25 p.m. COUNCIL ITEMS: COMMISSION FOR SENIOR COMMUNITY PERSONNEL BOARD ARCHITECTURAL REVIEW BOARD PIER RESTORATION CORPORATION NEIGHBORHOOD ORGANIZATION FUNDING PROTOCOL RESIGNATION codes, was presented. Member of the public Paul Glass, Karen Doyle and Samir Yousif expressed various concerns regarding this issue. On order ofthe Mayor, the information was received and filed, 13-A: Appointment to one special vacancy on the Commission for the Senior Community for a term ending June 30, 2006. On order of the Mayor, this matter was continued to November 11,2003. 13-B: Appointment to one annual vacancy on the Personnel Board for a term ending June 30, 2008, and one special vacancy for a term ending June 30, 2006. On order ofthe Mayor, this matter was continued to November 11, 2003, 13-C: Appointment to one annual vacancy on the Architectural Review Board for a term ending June 30, 2007. On order of the Mayor, this matter was continued to November 11,2003. 13-D: Appointment to three annual vacancies on the Pier Restoration Corporation with terms ending November 13, 2007. On order of the Mayor, this matter was continued to November 11, 2003 13-E: Request of Councilmember Holbrook for Council to discuss neighborhood organization funding protocol and oversight and to give appropriate direction to staff for program changes for 2003-04. On order of the Mayor, this item was continued to November 11,2001 13-F: Acceptance of Mar Preston's letter of resignation from the Commission on the Status of Women, and authorization for City Clerk to publish vacancy. Motion by Mayor Pro Tern McKeown.. seconded by Councilmember Genser, to accept the letter with regrets and authorize the City Clerk to publish the vacancy. The motion was unanimously approved by voice vote, with Councilmembers Feinstein, Katz and Holbrook absent. 8 October 28, 2003 I I I CITY'S BUDGET INPUT PROCESS 13-G: Request of Mayor Richard Bloom that the City authorize a letter from the Council addressed to all boards and commissions requesting assistance and input as early as possible in the City's budget process, was presented. Motion by Councilmember O'Connor. seconded by Mayor Bloom. to approve request. The motion was unanimously approved by voice vote, with Councilmembers Holbrook, Katz and Feinstein absent. AIR POLLUTION 13-H: Request of Council member Feinstein that the City Council send EMISSION REDUCTIONS a letter to the U.S. Environmental Protection Agency (EPA) and other appropriate officials, requesting that the U.S. EP A commit to further air pollution emission reductions from federally regulated sources and that the EP A delegate more authority to Southern California to control II j emissions from these sources. PUBLIC INPUT: ADJOURNMENT: On order of the Mayor, this matter was continued to November 25,2001 Member ofthe public Marie Stone suggested funding sources for women's shelters. On order of the Mayor, the City Council meeting was adjourned at 12:45 a.m. to October 14,2003, in memory of Lieutenant Phillip Miller and Bob Gundy. ATTEST: 7Jtd~Z1~ Melodi A. Pearson Acting City Clerk 9 October 28, 2003